Revised Code of Washington
Chapter 11.98 - Trusts.
11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.

RCW 11.98.017
Trusteeship—Accepting and declining—Powers without acceptance.

(1) Except as otherwise provided in subsection (3) of this section, a person designated as trustee accepts the trusteeship:
(a) By substantially complying with a method of acceptance provided in the terms of the trust; or
(b) If the terms of the trust do not provide a method of acceptance or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(2) A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship by delivering a written declination of the trusteeship to the trustor or, if the trustor is deceased or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary.
(3) A person designated as trustee, without accepting the trusteeship, may:
(a) Act to preserve the trust property if, within a reasonable time after acting, the person sends a written declination of the trusteeship to the trustor or, if the trustor is dead or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary; and
(b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.

[ 2013 c 272 § 10.]
NOTES:

Application—2013 c 272: See note following RCW 11.98.002.

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.98 - Trusts.

11.98.002 - Definitions.

11.98.005 - Trust situs and governing law.

11.98.008 - Trust creation—Methods.

11.98.009 - Application of chapter.

11.98.011 - Trust creation—Requirements.

11.98.012 - Trust creation—Other jurisdictions.

11.98.013 - Trust creation—Allowable purposes.

11.98.014 - Trust creation—Oral trusts.

11.98.015 - Noncharitable trusts without ascertainable beneficiaries.

11.98.016 - Exercise of powers by co-trustees.

11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.

11.98.019 - Relinquishment of powers by trustee.

11.98.029 - Resignation of trustee.

11.98.039 - Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.

11.98.041 - Change of trustee—Discharge of outgoing trustee, when.

11.98.045 - Criteria for transfer of trust assets or administration.

11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.

11.98.055 - Judicial transfer of situs of trusts.

11.98.060 - Power of successor trustee.

11.98.065 - Change in form of corporate trustee.

11.98.070 - Power of trustee.

11.98.071 - Trustee's delegation of duties.

11.98.072 - Trustee—Notification requirements.

11.98.075 - Certification of trust.

11.98.078 - Trustee duty of loyalty.

11.98.080 - Consolidation of trusts.

11.98.085 - Trustee—Breach of trust—Damages.

11.98.100 - Nonliability for action or inaction based on lack of knowledge of events.

11.98.105 - Nonliability of third persons without knowledge of breach.

11.98.107 - Trustee exculpation.

11.98.108 - Nonliability of trustee—Beneficiary's consent, release, or ratification.

11.98.110 - Contract and tort liability.

11.98.130 - Rule against perpetuities.

11.98.140 - Distribution and vesting of assets.

11.98.145 - Distribution upon termination.

11.98.150 - Distribution of assets after one hundred fifty-year period.

11.98.160 - Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.

11.98.170 - Designation of trustee as beneficiary of life insurance policy or retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.

11.98.200 - Beneficiary trustee—Limitations on power.

11.98.210 - Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.

11.98.220 - Beneficiary trustee—Inferences of law—Judicial review.

11.98.230 - Beneficiary trustee—Income under marital deduction—Spousal power of appointment.

11.98.240 - Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.

11.98.900 - Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.

11.98.920 - Short title.

11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.